City Manager Employment Agreement 8th Amendment_+Original and Amendments 1-13
EIGHTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
The City of Dubuque, a municipal corporation (City) and Michael C. Van Milligen
(Employee) hereby amend the December 7, 1992, City Manager Employment Agreement
between the parties, as previously amended, as follows:
Paragraph 3 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
3. City agrees to pay Employee for his services, effective July 1, 1999, a
monthly salary of $7,884.77 ($94,617.21 annualized) payable in installments
at the same time as other City employees are paid.
Paragraph 5 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
5. The Employee will participate in the Iowa Public Employee Retirements
System and the City agrees to pay for Employee's continued participation in
the International City Management Association Retirement Corporation
(ICMA-RC), the amount of $8,000 on Employee's behalf on the first day of
each calendar year, beginning in 2000, for the succeeding year, and to
transfer ownership to succeeding employers upon Employee's resignation or
termination.
Paragraph 6 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
6. Employee's duties require that he have the use of an automobile. City agrees
to pay Employee $416.67 per month toward automobile allowance.
Employee agrees to responsibility for liability, property damage, and
comprehensive insurance, and for the purchase, operation, maintenance,
repair, and replacement of an automobile.
This Eighth Amendment is effective July 1, 1999. City and Employee have each
retained an original copy.
ATTEST:
,/
Davis, City Clerk
CITY
EMPLOYMENT AGREEMENT
THIS AGREEMENT is between the City of Dubuque, a municipal corporation (City},
and Michael C. Van Milligen (Employee).
ao
The City Council wishes to employ Michael C. Van Milligen as City
Manager as provided in Iowa Code Sections 372.7 and 372.8, and the
City of Dubuque Code of Ordinances.
The City Council and Employee desire to define the terms and
conditions of such employment.
The City Council desires to (1) induce Employee to serve in such
position, (2} enhance work productivity by protecting Employee's
morale and peace of mind, and (3) provide a fair method for
terminating Employee's services.
DUTIES
City Council agrees to employ Michael C. Van Milligen as City
Manager of the City to perform the functions and duties specified
in Iowa Code Sections 372.7 and 372.8 and the City of Dubuque Code
of Ordinances.
HOURS OF
Employee agrees to devote his full time to this position and its
responsibilities. Since Employee must devote time outside of
normal office hours to these responsibilities, City agrees that
Employee will be allowed to take compensatory time off as he deems
appropriate during normal office hours.
COMPENSATION
City agrees to pay Employee for his services a monthly salary of
$5,833.33 ($70,000 annualized) payable in installments at the same
time as other City employees are paid.
City agrees to conduct a formal written review of Employee's work
performance within six, twelve and eighteen months after the
effective date of this Agreement. Thereafter, City agrees to
annually conduct a formal written review of Employee's work
performance in conjunction with the fiscal year budget process.
The formal annual review will include use of an objective
criteria, and the evaluation process will comply with state law.
City will adjust Employee's compensation and other terms of
employment in accordance with the results of the annual review,
and take into account any annual adjustments granted other city
management employees.
CITY MANAGER EMPLOYMENT AGREEMENT
PAGE 2
RETIREMENT PLAN
City agrees to pay for Employee's continued participation in the
International. City Management Association Retirement Corporation
(ICMA-RC} in the amount of $5,000 on Employee's behalf on the
first payday of each calendar year for the succeeding year and to
transfer ownership to succeeding employers upon Employee's
resignation or termination.
AUTOMOBILE
o
Employee's duties require that he have the use of an automobile.
City agrees to pay Employee $350 per month toward automobile
allowance. Employee agrees to responsibility for liability,
property damage, and comprehensive insurance, and for the
purchase, operation, maintenance, repair, and replacement of an
automobile.
DUES AND SUBSCRIPTIONS
City agrees to budget and pay the professional dues and
subscriptions of Employee for his participation in national,
regional, state, and local organizations (organizations similar to
ICMA and Iowa City Management Association) for his continued
professional growth.
PROFESSIONAL DEVELOPMENT
City agrees to budget and pay the travel and subsistence expenses
of Employee for professional and official travel, meetings and
other functions including but not limited to the annual meeting of
the International City Management Association, the League of Iowa
Municipalities, the National League of Cities, and their
committees on which Employee serves as a member.
City agrees to budget and pay the travel and subsistence expenses
of Employee for workshops, institutes and seminars that are
necessary for his professional development and the good of the
City. The City Council must approve in advance Employee's
participation in major programs. Employee agrees to advise the
mayor in advance of all absences from the City for periods longer
than 48 hours.
CITY MANAGER EMPLOYMENT AGREEMENT
PAGE 3
GENERAL EXPENSES
10.
City recognizes that certain job-related expenses may be incurred
by Employee and agrees to pay or reimburse such expenses. The
Finance Director is authorized to disburse such monies upon
receipt of appropriate documentation.
TERM
11.
This Agreement does not prevent the City Council from terminating
the services of Employee at any time, with or without cause,
subject only to paragraphs 13 'and 14 of this contract.
12.
This Agreement does not prevent the Employee from resigning at any
time from his position with the City, subject only to paragraph 15
of this contract.
TERMINATION
13.
If Employee is terminated by the City Council when Employee is
willing and able to perform the duties of City Manager, the City
agrees to pay Employee severance pay equal to three months salary.
However, if Employee is terminated for cause or conviction of any
felony crime or one involving moral turpitude, City is not
obligated to pay Employee any severance pay. In the event that
the City is forced to terminate the Employee as a result of a
citizen approved referendum changing the form of government then
severance pay will be equal to six months.
14.
City agrees not to reduce the salary or other financial benefits
paid Employee in a percentage greater than any reduction
applicable to all other City employees. If, after written notice,
City refuses to comply with any provision of this contract, then
Employee is entitled to severance pay equal to three months~
salary upon resignation.
15.
Employee agrees to give City at least two months written notice
prior to voluntarily resigning his position with the City. The
City Council, with consent of the Employee, may relieve Employee
of this obligation.
MOVING EXPENSES
16.
Employee shall be reimbursed, or City may pay directly, for the
expense of packing and moving Employee, his family, and his
personal property from Skokie, Illinois to Dubuque, Iowa .
Employee shall obtain three bids for such moving expenses.
CITY MANAGER EHPLOYMENT AGREEMENT
17.
In the event Employee is forced to establish a temporary second
home, pending the sale of his home and the moving of his family,
City shall pay Employee $400 per month as a supplemental living
allowance, for up to three months. If Employee establishes a
permanent residence prior to the expiration of the three months,
this supplemental living allowance shall terminate.
18.
City shall pay Employee's expenses for up to two round trips
between Skokie, Illinois and Dubuque, Iowa for Employee and his
spouse to assist with obtaining a temporary and permanent
residence in Dubuque.
OTHER TERMS AND CONDITIONS
19.
A medical examination will be conducted after an offer of
employment has been made. The offer of employment is conditioned
upon successfully completing the medical examination. Employee
must be found by physician to be physically capable of performing
the duties of City Manager. Employee, at the City Council's
discretion and per City Council policy, and state law, may be
subject to periodic physical examinations and drug screening
tests. It is understood that these examinations and tests will be
at City's expense.
20.
The City Council may establish other terms and conditions of
employment relating to the performance of Employee. Such terms
and conditions will not conflict with the provisions of this
contract, the City of Dubuque Code of Ordinances or any other
applicable law.
21.
City agrees that Employee shall earn three weeks of vacation time
according to the normal accrual schedule beginning with the first
year of employment. Thereafter, Employee is entitled to accrue
the same vacation benefits as are accorded City department
managers based on the three week schedule.
22.
All City holidays and other fringe benefits, including medical,
dental, life, disability and sick leave benefits and working
conditions which now exist, or hereafter come into existence and
which are accorded City department managers, shall also apply to
Employee. Such benefits are in addition to the provisions of this
Contract.
GENERAL PROVISIONS
23.
THIS AGREEMENT constitutes the entire agreement between City and
Employee. This contract may be amended only by written agreement
signed by City and Employee.
~24.
THIS AGREEMENT shall inure to the benefit of the heirs at law and
executors of Employee.
CITY MANAGER EMPLOYMENT AGREEMENT
PAGE 5
25.
26.
27.
28.
Employee's first working day shall be on I January, 1993.
Employee agrees to affix said (his) signature as approval of this
document and return it to City within 72 hours of receipt.
If any provision of this Contract is held invalid or
unenforceable, the remainder shall be unaffected.
THIS AGREEMENT is effective December 7, 1992 , the date it was
approved by the City Council. City and Employee have each
retained an original copy. ·
ACCEPTANCE OF AGREEMENT:
Mithael C. Van Milligen
City of Dubuque, Iowa
Kathryn E. Krieg, Mayor Pro-Tem
Michael Van Milligen
Employee
ACCEPTANCE OF AGREEMENT:
Michael C. Van Milligen
ATTEST:
Mary Davis, City Clerk
FORM APPROVED:
Barry Lindahl, Corporate Counsel
FIRST AMENDMENT TO
CITY MANAGER
EMPLOYMENT AGREEMENT
The City of Dubuque, a municipal corporation (City) and
Michael C. Van Milligen (Employee) hereby amend the December 7,
1992, city Manager Employment Agreement between the parties as
follows:
1. Paragraph 3 thereof is deleted, and the following new
paragraph substituted in lieu thereof:
City agrees to pay Employee for his services,
effective July 1, 1993, a monthly salary of
$6,250 ($75,000 annualized) payable in
installments at the same time as other city
employees are paid.
2. Paragraph 4 thereof is deleted, and the following new
paragraph substituted in lieu thereof:
city agrees to conduct a formal written review
of Employee's work in December of 1993 and in
December of each year thereafter. The formal
annual review will include use of an objective
criteria and the evaluation process will
comply with State law. The City will, in
conjunction with the fiscal year budget
process, adjust Employee's compensation and
other terms of employment in accordance.with
the results of the annual review, and take
into account any annual adjustments granted
other city management employees.
3. Paragraph 5 thereof is deleted, and the following new
paragraph 5 substituted in lieu thereof:
city agrees to pay for Employee's continued
participation in the International city
Management Association Retirement Corporation
(ICMA-RC), the amount of $5,500 on Employee's
behalf on the first pay day of each calendar
year, beginning in 1994, for the succeeding
year, and to transfer ownership to succeeding
employers upon Employee's resignation or
termination.
- 2 -
This First Amendment is effective August 16, 1993, the date it
was approved by the City Council. City and Employee have each
retained an original copy.
City of Dubuque, Iowa
James E. Brady, Mayor
Michael C. Van Milligen
Employee
ATTEST:
Mary Davis, City Clerk
FORM APPROVED:
Barry A. Lindahl, Corporation Counsel
SECOND AMENDMENT TO
CITY MANAGER
EMPLOYMENT AGREEMENT
The City of Dubuque, a municipal corporation (city) and
Michael C. Van Milligen (Employee) hereby amend the December 7,
1992, City Manager Employment Agreement between the parties, as
previously amended, as follows:
Paragraph 4 thereof is deleted, and the following
paragraph substituted in lieu thereof:
city agrees to conduct a formal written review
'of Employee's work in the second quarter of
each calendar year beginning in 1994. The
formal annual review will include use of an
objective criteria and the evaluation process
will comply with State law. The City will
adjust Employee's compensation and other terms
of employment in accordance with the results
of the annual review, and take into account
any annual adjustments granted other City
management employees.
mew
This Second Amendment is effective December 20, 1993, the date
it was approved by the City Council. city and Employee have each
retained an original copy.
City of Dubuque, Iowa
James E. Brady, Mayor
Michael C. Van Milligen
Employee
ATTEST:
Mary Davis, City Clerk
FORM APPROVED:
Barry A. Lindahl, Corporation Counsel
THIRD AMENDMENT TO
CITY MANAGER
EMPLOYMENT AGREEMENT
The City of Dubuque, a municipal corporation (city) and
Michael C. Van Milligen (Employee) hereby amend the December 7,
1992, City Manager Employment Agreement between the parties, as
previously amended, as follows:
Paragraph 3 thereof is deleted, and the following new
paragraph substituted in lieu thereof:
City agrees to pay Employee for his services,
effective July 1, 1994, a monthly salary of
$6,437.50 ($77,250 annualized) payable in
installments at the same time as other City
employees are paid.
Paragraph 5 thereof is deleted, and the following new
paragraph substituted in lieu thereof:
City agrees to pay for Employee's continued participation
in the International City Management Association
Retirement Corporation (ICMA-RC), the amount of $5,665 on
Employee's behalf on the 1st pay day of each calendar
year, beginning in 1995, for the succeeding year, and to
transfer ownership to succeeding employers upon
Employee's resignation or termination.
Paragraph 6 thereof is deleted, and the following new
paragraph substituted in lieu thereof:
Employee's duties require that he have use of an
automobile. City agrees to pay Employee $360.50 per
month toward automobile allowance. Employee agrees to
responsibility for liability, property damage, and
comprehensive insurance, and for the purchase, operation,
maintenance, repair, and replacement of an automobile.
- 2 -
This Third Amendment is effective May 16, 1994, the date it
approved by the City council, city and Employee have each
an original copy.
city of Dubuque, Iowa
Terrance M. Duggan, Mayor
Michael V. Van Milligen
Employee
ATTEST:
Mary Davis, City Clerk
FORM APPROVED:
Barry A. Lindahl, Corporation Counsel
FOURTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
The City of Dubuque, a municipal corporation (City) and Michael C. Van
Milligen (Employee) hereby amend the December 7, 1992, City Manager Employment
Agreement between the parties, as previously amended, as follows:
Paragraph 3 thereof is deleted, and the following new paragraph
substituted in lieu thereof:
3. City agrees to pay Employee for his services, effective July 1,
1995, a monthly salary of $6,662.83 ($79,954 annualized) payable
in installments at the same time as other City employees are paid.
Paragraph 5 thereof is deleted, and the following new paragraph
substituted in Ileum. thereof:
City agrees to pay for Employee's continued participation in the
International City Management Association Retirement Corporation
(ICMA-RC), the amount of $5,863 on Employee's behalf on the first
day of each calendar year, beginning in 1996, for the succeeding
year, and to transfer ownership to succeeding employers upon
Employee's resignation or termination.
Paragraph 6 thereof is deleted, and the following new paragraph
substituted in lieu thereof:
6. Employee's duties require that he have the use of an automobile.
City agrees to pay Employee $373.12 per month toward automobile
allowance. Employee agrees to responsibility for liability,-r
property damage, and comprehensive insurance,and for the purchase,
operation, maintenance, repair, and replacement of an automobile.
This Fourth Amendment is effective June 5, 1995, the date is was
approved by the City Council. City and Employee have each retained an
original copy.
City of Dubuque, Iowa
Terrance M. Duggan, Mayor
Michael C. Van Milligen, Employee
ATTEST:
Karen M. Chesterman, Deputy City Clerk
FIFTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
The City of Dubuque, a municipal corporation (City) and Michael C. Van Milligen
(Employee) hereby amend the December 7, 1992, City Manager Employment Agreement
between the parties, as previously amended, as follows:
Paragraph 3 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
City agrees to pay Employee for his services, effective July 1, 1996, a
monthly salary of $6,862.71 ($82,352.52 annualized) payable in installments
at the same time as other City employees are paid.
Paragraph 5 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
City agrees to pay for Employee's continued participation in the International
City Management Association Retirement Corporation (ICMA-RC), the
amount of $6,038.89 on Employee's behalf on the first day of each calendar
year, beginning in 1997, for the succeeding year, and to transfer ownership
to succeeding employers upon Employee's resignation or termination.
Paragraph 6 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
Employee's duties require that he have the use of an automobile. City agrees
to pay Employee $384.31 per month toward automobile allowance.
Employee agrees to responsibility for liability, property damage, and
comprehensive insurance, and for the purchase, operation, maintenance,
repair, and replacement of an automobile.
This Fifth Amendment is effective July 1, 1996. City and Employee have each
retained an original copy.
City of Dubuque, Iowa
Terrance M. Duggan, Mayor
Michael C. Van Milligen, Employee
ATTEST:
Mary A. Davis, City Clerk
SIXTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
The City of Dubuque, Iowa, a municipal corporation (City) and Michael C. Van Milligen
(Employee) hereby amend the December 7, 1992, City Manager Employment Agreement
between the parties, as previously amended, as follows:
Paragraph 3 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
City agrees to pay Employee for his services, effective July 1, 1997, a monthly
salary of $7,051.43 ($84,617.21 annualized) payable in installments at the same
time as other City employees are paid.
Paragraph 5 thereof is deleted; and the following new paragraph substituted in lieu
thereof:
City agrees to pay for Employee's continued participation in the international City
Management Association Retirement Corporation (ICMA-RC), the amount of
$6,204.96, on Employee's behalf on the first day of each calendar year, beginning
in 1998, for the succeeding year, and to transfer ownership to succeeding
employers upon Employee's resignation or termination.
Paragraph 7 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
Employee's duties require that he have the use of an automobile. City agrees to
pay Employee $394.88 per month toward automobile allowance. Employee
agrees to responsibility for liability, property damage, and comprehensive
insurance, and for the purchase, operation, maintenance, repair, and
replacement of an automobile.
The Sixth Amendment is effective July 1, 1997. City and Employee have each retained an
original copy.
ATTEST:
Mary A. Davis, City Clerk
CITY OF DUBUQUE, iOWA
Terrance M. Duggan, Mayor
Michael C. Van Milligen, Employee
SEVENTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
The City of Dubuque, Iowa, a municipal corporation (City)
and Michael C. Van Milligen (Employee) hereby amend the December
7, 1992, City Manager Employment Agreement between the parties,
as previously amended, as followg:
Paragraph 3 thereof is deleted, and the following new
paragraph substituted in lieu thereof·
City agrees to pay Employee for his services, effective
July 1, 1998, a monthly salary of $7,468.10 ($89,617.21
annualized) payable in installments at the same time as
other City employees are paid.
Paragraph 5 thereof is deleted, and the following new
paragraph substituted in lieu thereof.
City agrees to pay for Employee's continued
participation in the International City Management
Association Retirement Corporation (CMA-RC) the amount
of $8,000.00, on Employee's behalf on the first day of
each calendar year, beginning in 1999, for the
succeeding year, and to transfer ownership to
succeeding employers upon Employee's resignation or
termination.
Paragraph 7 thereof is deleted, and the following new
paragraph substituted in lieu thereof.
Employee's duties require that he have the use of an
automobile. City agrees to pay Employee $404.75 per
month toward automobile allowance. Employee agrees to
responsibility for liability, property damage and
comprehensive insurance, and for the purchase,
operation, maintenance, repair and replacement of an
automobile.
The Seventh Amendment is effective July 1, 1998. City and
Employee have each retained an original copy.
CITY OF DUBUQUE, IOWA
Terrance M. Duggan, Mayor
Michael C. Van Milligen, Employee
ATTEST:
Mary A. Davis, City Clerk
EIGHTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
The City of Dubuque, a municipal corporation (City) and Michael C. Van Milligen
(Employee) hereby amend the December 7, 1992, City Manager Employment Agreement
between the parties, as previously amended, as follows:
Paragraph 3 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
City agrees to pay Employee for his services, effective July 1, 1999, a
monthly salary of $7,884.77 ($94,617.21 annualized) payable in installments
at the same time as other City employees are paid.
Paragraph 5 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
The Employee wilt participate in the Iowa Public Employee Retirements
System and the City agrees to pay for Employee's continued participation in
the International City Management Association Retirement Corporation
(ICMA-RC), the amount of $8,000 on Employee's behalf on the first day of
each calendar year, beginning in 2000, for the succeeding year, and to
transfer ownership to succeeding employers upon Employee's resignation or
termination.
Paragraph 6 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
Employee's duties require that he have the use of an automobile, City agrees
to pay Employee $416.67 per month toward automobile allowance,
Employee agrees to responsibility for liability, property damage, and
comprehensive insurance, and for the purchase, operation, maintenance,
repair, and replacement of an automobile.
This Eighth Amendment is effective July 1, 1999, City and Employee have each
retained an original copy.
City of Dubuque, Iowa
Terrance M. Duggan, Mayor
Michael C. Van Milligen, Employee
ATTEST:
Mary A. Davis, City Clerk
NINTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
The City of Dubuque, a municipal corporation (City) and Michael C. Van Milligen
(Employee) hereby amend the December 7, 1992, City Manager Employment Agreement
between the parties, as previously amended, as follows:
Paragraph 3 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
City agrees to pay Employee for his services, effective July 1, 2000, a
monthly salary of $8,333.33 ($100,000 annualized) payable in installments
at the same time as other City employees are paid.
Paragraph 6 thereof is deleted, and the following new paragraph substituted in lieu
thereof:
Employee's duties require that he have the use of an automobile. City agrees
to pay Employee $416.67 per month toward automobile allowance. Also,
the City agrees to pay gas expenses for out-of-county travel. Employee
agrees to responsibility for liability, property damage, and comprehensive
insurance, and for the purchase, operation, maintenance, repair, and
replacement of an automobile.
This Eighth Amendment is effective July 1, 2000. City and Employee have each
retained an original copy.
City of Dubuque, Iowa
Terrance M. Duggan, Mayor
Michael C. Van Milligen, Employee
ATTEST:
Jeanne F. Schneider, City Clerk
TENTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
The City of Dubuque, Iowa, a mtmicipal corporation (City) and Michael C. Van
Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment
Agreement, as previously amended, as follows:
1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu
thereof:
3. City agrees to pay Employee for his services, effective July 1, 2001, a monthly
salary of $8,966.67 ($107,600 annualized), payable in installments at the same
time as other City employees are paid.
2. Par. 5 thereof is deleted and the following new paragraph substituted in lieu
thereof:
5. Employee will participate in the Iowa Public Employee Retirement System and
City agrees to pay for Employee's continued participation in the International
City Management Association Retirement Corporation (ICMA-RC) the sum of
$10,000 on Employee's behalf on the first day of each calendar year, beginning
January 1, 2002 for the succeeding year and to transfer ownership to succeeding
employers upon Employee's resignation or termination.
3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu
thereof:
6. Employee's duties require that he have the use of an automobile. City agrees to
pay Employee $429.17 per month as an automobile allowance. Also, City agrees
to pay gas expenses for out-of-county travel. Employee agrees to responsibility
for liability, property damage and comprehensive insurance and for the purchase,
operation, maintenance, repair and replacement of an automobile.
4. Par. 13 thereof is deleted and the following new paragraph is substituted in Lieu
thereof:
13. If Employee is terminated by the City when Employee is willing and able
to perform the duties of City Manager, City shall pay Employee severance pay
equal to six-months salary. However, if Employee is terminated for cause or
conviction of any felony crime or one involving moral turpitude, City shall
not be obligated to pay Employee any severance pay.
This Tenth Amendment is effective July 1, 2001. City and Employee have each
retained an original hereof,
City of Dubuque, Iowa
Terrance M. Duggan, Mayor Michael C Van Milligen, Employee
Attest:
Jeanne F. Schneider, City Clerk
ELEVENTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
The City of Dubuque, Iowa, a municipal corporation (City) and Michael C. Van
Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment
Agreement, as previously amended, as follows:
1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu
thereof:
3. City agrees to pay Employee for his services, effective July 1, 2002, a monthly
salapj of $9,600.00 ($115, 200.00 annualized), payable in installments at the
same time as other City employees are paid.
2. Par. 5 thereof is deleted and the following new paragraph substituted in lieu
thereof:
5. Employee will participate in the Iowa Public Employee Retirement System and
City agrees to pay for Employee's continued participation in the International
City Management Association Retirement Corporation (ICMA-RC) the sum of
$12,000.00 on Employee's behalf on the first day of each calendar year,
beginning January 1, 2003 for the succeeding year and to transfer ownership to
succeeding employers upon Employee's resignation or termination.
3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu
thereof:
6. Employee's duties require that he have the use of an automobile. City agrees to
pay Employee $ 442.04 per month as an automobile allowance. Also, City agrees
to pay gas expenses for out-of-county travel. Employee agrees to responsibility
for liability, property damage and comprehensive insurance and for the purchase,
operation, maintenance, repair and replacement of an automobile.
This Eleventh Amendment is effective July 1, 2002. City and Employee have
each retained an original hereof.
City of Dubuque, Iowa
Terrance M. Duggan, Mayor Michael C. Van Milligen, Employee
Jeanne F. Schneider, City Clerk
TWELFTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
The City of Dubuque, Iowa, a municipal corporation (City) and Michael C.
Van Milligen (Employee) hereby amend the December 7, 1992 City Manager
Employment Agreement, as previously amended, as follows:
1. Par. 3 thereof is deleted and the following new paragraph is substituted
in lieu thereof:
3. City agrees to pay Employee for his services, effective July 1, 2003, a
monthly
salary of $ 10,061.76 ($ 120,741.12 annualized), payable in installments
at the same time as other City employees are paid.
2. Par. 5 thereof is deleted and the following new paragraph substituted in
lieu thereof:
5. Employee will participate in the Iowa Public Employee Retirement
System and City agrees to pay for Employee's continued participation in
the International City Management Association Retirement Corporation
(ICMA-RC) the sum of $ 12,577.20 on Employee's behalf on the first day
of each calendar year, beginning January 1, 2004 for the succeeding year
and to transfer ownership to succeeding employers upon Employee's
resignation or termination.
3. Par. 6 thereof is deleted and the following new paragraph is substituted
in lieu thereof:
6. Employee's duties require that he have the use of an automobile. City
agrees to pay Employee $ 463.30 per month as an automobile allowance. Also,
City agrees to pay gas expenses for out-of-county travel. Employee agrees to
responsibility for liability, property damage and comprehensive insurance and for
the purchase, operation, maintenance, repair and replacement of an automobile.
This Twelfth Amendment is effective July 1, 2003. City and Employee
have each retained an original hereof.
City of Dubuque, Iowa
By_____________________________ _____________________________
Terrance M. Duggan, Mayor Michael C. Van Milligen, Employee
Attest:__________________________
Jeanne F. Schneider, City Clerk
THIRTEENTH AMENDMENT TO
CITY MANAGER EMPLOYMENT AGREEMENT
The City of Dubuque, Iowa, a municipal corporation (City) and Michael C.
Van Milligen (Employee) hereby amend the December 7, 1992 City Manager
Employment Agreement, as previously amended, as follows:
1. Par. 3 thereof is deleted and the following new paragraph is substituted
in lieu thereof:
3. City agrees to pay Employee for his services, effective July 1, 2004, a
monthly salary of $11,105.18 ($133,262.16 annualized), payable in installments
at the same time as other City employees are paid.
2. Par. 5 thereof is deleted and the following new paragraph substituted in
lieu thereof:
5. Employee will continue to participate in the Iowa Public Employee
Retirement System. City agrees to pay for Employee's continued
participation in the International City Management Association Retirement
Corporation (ICMA-RC) the sum of $14,000 on Employee's behalf on the
first day of each calendar year, beginning January 1, 2005 for the
succeeding year and to transfer ownership to succeeding employers upon
Employee's resignation or termination.
Employee intends to purchase past retirement credits from the Iowa Public
Employment Retirement System for Employee's first five years of
employment. In order to do so, Employee will borrow the funds required
for the purchase. City agrees to pay Employee until Employee's borrowing
is fully repaid or Employee terminates his employment with City whichever
first occurs an amount which after Employee's deductions for taxes,
IPERS, social security, and medicare will equal 61% of the annual
payment required for the borrowing by Employee. The amount of funds
required to be borrowed and City's 61% contribution will be recalculated
annually at the time Employee borrows such funds.
3. Par. 6 thereof is deleted and the following new paragraph is substituted
in lieu thereof:
6. Employee's duties require that he have the use of an automobile. City
agrees to pay Employee $479.38 per month as an automobile allowance. Also,
City agrees to pay mileage for out-of-county travel. Employee agrees to
responsibility for liability, property damage and comprehensive insurance and for
the purchase, operation, maintenance, repair and replacement of an automobile.
4. Par. 8 thereof is deleted and the following new paragraph is substituted
in lieu thereof:
8. City agrees to budget and pay the travel and subsistence expenses of
Employee for professional and official travel, meetings and other functions
including but not limited to the annual meeting of the International City
Management Association, the League of Iowa Municipalities, the National
League of Cities, the Iowa City Management Association, and their committees
on which Employee serves as a member, and the annual Harvard JFK School of
Government alumni refresher course.
This Thirteenth Amendment is effective July 1, 2004. City and Employee
have each retained an original hereof.
City of Dubuque, Iowa
By
Terrance M. Duggan, Mayor
(11M J1 ~~ lid} -
Michael c. Van Milligen, Employee